Underage Marriage in Social Fiqh Review M.A. Sahal Mahfudh and Its Integration with the National SGDs (Sustainable Development Goals)

Abstract

State policy was often top-down and legal-formalistic, sometimes at odds with the moral authority of religious figures. Economic empowerment interventions in rural villages are often irrelevant to the goal of Family Self-Reliance, only as a moral formality. The purpose of the study was to identify the social legitimacy of underage marriage, then analyze it with the perspective of Mahfudh's social jurisprudence. This research model is qualitatively interactive according to Miles and Hubermas, which is based on field research. Data analysis through interactive models, data collection and analysis process is constantly repeated and influence each other. Interview data processing is done in a structured and systematic manner to facilitate the conclusion. A social perspective used by Mahfudh. Results found: 1. Legitimacy of religious figures, 2. The legitimacy of cultural-social normalisation. 3. The importance of making law through Fiqh Social that are contextual to the facts and developments of the times; by changing the method from the madzhab qauli to the madzhab manhaj and applying istinbath to the laws of furu’. 4. The legal essence of social jurisprudence supports the SDGs program. Recommendations: 1. Spread of Islamic law by analogy and easy to understand, 2. The need for improving the perspective, skill of social jurisprudence method of religious leaders. 3. Deconstructing culture through emancipative education. 4. The result of the reconstruction of social jurisprudence law can be proposed as an idea of Public Policy and social ethics that is more bottom-up, so that the law still lives with its practical, humanist and philosophical community values.